• Company Formation US
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• Starting Business in US as Foreigner

Your Guide on starting a business in the United States as a foreigner in 2024:

 
1. Business Structure Selection
 
Sole Proprietorship or Partnership:

- Sole Proprietorship: Simplest form, owned and operated by one individual. No separation between personal and business liabilities.
- Partnership: Similar to sole proprietorship but involves two or more individuals sharing ownership and responsibilities. Each partner is personally liable for business debts.
 
Limited Liability Company (LLC):
 
- Provides limited liability protection for owners (members).
- Flexible management structure and fewer formalities compared to a corporation.
- Pass-through taxation, where profits and losses are reported on the owners' personal tax returns.
 
Corporation:
 
- Offers the strongest liability protection.
- Separate legal entity from its owners (shareholders).
- Requires more formalities such as regular meetings, record-keeping, and filing with the state.
 
2. Choosing a State for Registration
 
- Consider factors such as business-friendly regulations, taxes, and administrative requirements.
- Delaware and Wyoming are popular choices due to their business-friendly laws and established legal precedents.
 
3. Name Your Business
 
- Choose a unique name that complies with state rules.
- Check availability and register your business name with the appropriate state authority.
 
4. Appoint a Registered Agent
 
- Required in most states to receive legal documents on behalf of your business.
- The registered agent must have a physical address in the state where your business is registered.
 
5. Obtain an Employer Identification Number (EIN)
 
- Issued by the IRS for tax purposes, including hiring employees and opening a business bank account.
- Apply for an EIN online through the IRS website.
 
6. Open a Business Bank Account
 
- Separate personal and business finances to protect personal assets.
- Required to deposit income, pay expenses, and manage payroll (if applicable).
 
7. Understand Visa Requirements
 
- If you plan to live and work in the US to manage your business, you'll need the appropriate visa.
- Common visas for business owners include the E-2 Treaty Investor Visa or the L-1 Intracompany Transferee Visa.
 
8. Comply with Federal and State Regulations
 
- Research and comply with federal, state, and local regulations including:
- Licensing and permits specific to your industry and location.
- Employment laws, including hiring practices and workers' rights.
- Tax obligations, such as sales tax (if applicable) and income tax filings.
 
9. File Necessary Documents
 
- Depending on your business structure:
- LLC: File Articles of Organization.
- Corporation: File Articles of Incorporation.
- Submit required documents and fees to the state where you're registering your business.
 
Legal Considerations:
 
- Immigration Laws: Ensure compliance with US immigration laws if you plan to work in the US or employ foreign workers. - Tax Obligations: Understand both federal and state tax obligations, including potential tax treaties between the US and your home country to avoid double taxation.
 
Starting a business in the US as a foreigner requires thorough preparation and compliance with various legal and regulatory requirements. Working with our experts can help streamline this process, providing valuable insights and tailored strategies to ensure successful outcome.
 
Applying for a visa to start a business in the United States involves several steps. Here’s a detailed guide on how to navigate the visa application process as a foreign entrepreneur:
 
1. Choose the Right Visa Type
 
Common Visa Types for Entrepreneurs:
 
- E-2 Treaty Investor Visa:
- Requires citizenship of a country that has a treaty of commerce and navigation with the US.
- Requires a substantial investment in a US business (typically at least $100,000).
- The investment must be actively at risk in a commercial enterprise with the intent to generate profit.
- The applicant must have control of the funds, and the investment must be in a real operating enterprise.
 
- L-1 Intracompany Transferee Visa:
 
- For executives, managers, or specialized knowledge employees transferring to a US branch of the same company.
- Requires the foreign company and the US entity to have a qualifying relationship (parent, subsidiary, affiliate, etc.).
- The applicant must have worked for the foreign company for at least one continuous year within the preceding three years.
 
- EB-5 Immigrant Investor Visa:
 
- Requires a minimum investment of $1.8 million (or $900,000 in a Targeted Employment Area) in a new commercial enterprise that creates at least 10 full-time jobs for US workers.
- Leads to lawful permanent residence (green card) upon approval.
 
2. Prepare Your Business Plan
 
- E-2 and L-1 Visas: Prepare a detailed business plan that outlines your investment, business objectives, market analysis, financial projections, and job creation potential.
- EB-5 Visa: Prepare an EB-5 compliant business plan that demonstrates your investment meets the requirements, including job creation.
 
3. Secure Investment Funds
 
- E-2 Visa: Document the source of your investment funds and ensure they are sufficient to meet the visa requirements.
- EB-5 Visa: Transfer investment funds into an escrow account pending visa approval.
 
4. Find a US Immigration Attorney
 
- Consult with an experienced US immigration attorney who specializes in business immigration and can guide you through the visa application process.
- The attorney will help determine the most suitable visa category, prepare and submit your application, and advise on documentation requirements.
 
5. Submit the Visa Application
 
- Complete the required visa application forms (e.g., Form DS-160 for nonimmigrant visas).
- Pay the application fee and any applicable issuance fee.
- Schedule an appointment for an interview at the nearest US embassy or consulate in your home country.
 
6. Attend the Visa Interview
 
- Prepare for the interview by reviewing your business plan, investment documentation, and visa application materials.
- Be prepared to explain your business plans, investment source, and intent to comply with visa requirements.
 
7. Receive Visa Approval
 
- If approved, you will receive your visa stamp in your passport.
- For E-2 and L-1 visas, you may initially receive a visa valid for a few years, renewable as long as you maintain eligibility. - For EB-5 visas, upon approval, you may receive conditional lawful permanent resident status (green card).
 
8. Enter the United States
 
- Upon receiving your visa, you can travel to the US.
- For E-2 and L-1 visas, you can work for the US business you invested in or transferred to.
- For EB-5 visa holders, you can begin managing your investment and meeting job creation requirements.
 
Navigating the visa application process as a foreign entrepreneur can be complex, but with thorough preparation and professional guidance, you can increase your chances of a successful application and starting your business in the United States. Establishing a business requires careful planning. Working with our experts can help streamline this process, providing valuable insights and tailored strategies to ensure successful outcome. Don’t hesitate any longer. Apply to become a client today to work with our experts on legal strategies to overcome barriers.
 

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